1. C H A P T E R 6
Employment Law
Chapter ??

2. Chapter Objectives
After reading this chapter, you will know the following:
Key legal issues in employment for sport managers
Relevance of the doctrine of employment at will
Primary issues in employment discrimination
Key legal issues relevant to sexual harassment
The main elements of federal employment legislation

3. Employment Issues An employee is fired from a job
A qualified employee is not hired for a job
A qualified employee is not promoted
An employee’s work situation is made so bad that he or she must quit
(continued)

4. Employment Issues (continued)
An employee is injured during the scope of employment
An employee is injured due to conditions in workplace
Monitoring

5. Topics of Employment Law
Employment at will
Hiring, promotion, and retention
Sexual harassment
Employment laws
Employee Health and Safety
Others

6. Employment Relationship
Contractual in nature
Involves an express or implied agreement to perform personal services; agreement should cover salary, work duties, benefits
Who is an employee? Is a university scholarship athlete?
(continued)

7. Employment Relationship (continued)
Employment-at-will doctrine: either the employer or employee may terminate the employment relationship at any time and for any reason
Exceptions
Federal legislation
Implied contract
Public policy

8. Employment Relationship (continued)
Application of federal law
Civil Rights Act
Americans with Disabilities Act
OSHA (workplace safety)
Injury on the job: workers’ compensation
Tort liability: determined by whether act was in scope of employment, vicarious liability
Contract liability: agency principles

9. Issue
Is a football player an employee of the university that he attends and for which he competes?
Coleman v. Western Michigan: economic reality test applied
Proposed employer’s right to control or dictate the activities of the proposed employee
Proposed employer’s right to discipline or fire the proposed employee
(continued)

10. Issue (continued)
Payment of “wages” and, particularly, the extent to which the proposed employee is dependent on the payment of wages or other benefits for his daily living expenses
Whether the task performed by the proposed employee was an integral part of the proposed employer’s business

11. Employment Laws Occupational Safety and Health Act (OSHA)
Typical health and safety concerns?
Twofold purpose
To require employers to meet certain specific federally mandated safety standards
To impose a general duty on employers to keep their workplace safe
Protects employees who file complaints and requires record keeping (11 or more employees)

12. Hiring, Promotion, and Retention
Discrimination (laws and protected classes)
Civil Rights Act of 1964 (Title VII); EEOC
Race, color, and national origin
Gender
Religion
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Affirmative action

13. Discrimination: 1964 Civil Rights Act (Title VII)
Protected classes
Race, color, and national origin
Gender
Religion
State laws may expand the categories of protected classes (e.g., sexual orientation)

14. Discrimination
Treating employees or job applicants unequally on the basis of a personal characteristic or trait
How do we find that discrimination occurred?
Directly: employer’s discriminatory words or actions (“you were not hired because you are . . .”) or policy
Indirectly (most common)
Disparate treatment
Disparate impact

15. Discrimination: Disparate Treatment
Prima facie case
A member of a protected class: race, color, national origin, religion, and gender
Applied and was qualified
Was rejected by the employer
Position remained open or was filled by a person not in a protected class
Victim files a claim with the EEOC or files a lawsuit

16. Defenses Used to justify a discriminatory practice
Bona fide occupational qualification: identifiable characteristics reasonably necessary to the normal operation of a particular business
Gender: fitness trainers at a single-sex health club
Race: not a BFOQ

17. Discrimination: Disparate Impact
Employer’s workforce must reflect the same percentage of members of protected classes as the local labor market
Challenges
Statistical analysis
Defining the local labor market
Prima facie case
Employment practice has a discriminatory effect
Connection shown between the employment practice and disparity

18. Defenses: Business Necessity
Used to justify a discriminatory effect
A valid business reason for choosing someone outside of protected class
Gender: because of height, weight, and strength requirements, most firefighters hired were men
Religion: because of faith-based days of worship, more hires are not of a particular faith
(continued)

19. Defenses: Business Necessity (continued)
Race: because business had valid reason to hire only workers with high school diplomas, most workers were nonminority
Age (under the ADEA): because a job required strength and endurance, most workers were under the age of 60

20. Discrimination: Age (ADEA)
Prohibits employment discrimination on the basis of age for people 40 and over
Applies to businesses with 20 or more employees and whose activities influence interstate commerce
Prima facie case
40 years old or older
Applied and was qualified
Rejected in circumstances that implied discrimination

21. Discrimination: Disabilities
Americans with Disabilities Act of (ADA)
Process
Prove a disability: substantially limits one or more major life activities
Prove qualified for the job
Prove denied job because of disability
(continued)

22. Discrimination: Disabilities (continued)
Reasonable accommodation
Employer finds work responsibilities and environments that place disabled employees in a position to be successful in performing job functions
Undue burden

23. Sexual Harassment Constructive discharge Title VII of the CVA; EEOC
Elements of sexual harassment
Unwelcome sexual advances
Not desired by the employee (victim)
Conduct that creates a hostile or abusive work environment
Can arise from either verbal or physical conduct
(continued)

24. Sexual Harassment (continued)
Types
Quid pro quo
Hostile work environment

25. Employment Laws COBRA HIPAA FMLA
Requires that employer continue medical coverage (for a limited time) at option of terminated employee
HIPAA
Prohibitions on exclusion from medical coverage, and medical record confidentiality
FMLA
Unpaid leave of 12 weeks for family or medical reasons
(continued)

26. Employment Laws (continued)
Fair Labor Standards Act (FLSA)
Child labor, overtime, and minimum wage
Civil Rights Act of 1964
Discrimination based on race, national origin, gender, or religion
ADEA
Age discrimination in employment
ADA
Americans with disabilities